Case Name: Sam Nazareta, et al. v. Team San Jose, et al.
Case No.: 16-CV-298331

This is a putative wage and hour class action by employees of defendant Roseann Bogart, doing business as “Servers on Demand,” and her clients. Before the Court is plaintiffs’ motion for leave to amend their complaint to name Servers on Demand, LLC as a Doe defendant.

The Court’s records reflect that plaintiffs’ motion was not served on any of the defendants through the Court’s e-filing system. On February 21, 2018, plaintiffs filed a proof of electronic service executed by their counsel and stating that the moving papers were served by him “through the e-filing system provided by One Legal.” This proof of service is defective because plaintiffs’ counsel lacks personal knowledge of a third party’s e-filing system. Further, defendant Roseann Bogart is not represented in this action and must be served by non-electronic methods pursuant to Code of Civil Procedure section 1010.6, subdivision (d)(4) and rule 2.251(c)(3)(B) of the California Rules of Court. Finally, plaintiffs did not file the proof of service five court days before the hearing on their motion as required by rule 2.251(j)(2) of the California Rules of Court.

Plaintiffs’ motion is accordingly DENIED WITHOUT PREJUDICE for lack of service. (Code Civ. Proc., §§ 1005, 1014; Diaz v. Professional Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-1205 [“the court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question”].)

The Court will prepare the order.